Download PDF
April 4, 2024

AMS Requests Information to Update List of Bioengineered Foods

Lynn L. Bergeson Carla N. Hutton

On March 28, 2024, the Agricultural Marketing Service (AMS) of the U.S. Department of Agriculture (USDA) requested information about potential additions to or subtractions from the List of Bioengineered Foods (List) as it pertains to the National Bioengineered Food Disclosure Standard (Standard). 89 Fed. Reg. 21484. Under 7 C.F.R. Section 66.1, a bioengineered food is a food that — subject to certain factors, conditions, and limitations — contains detectable genetic material that has been modified through in vitro recombinant deoxyribonucleic acid (rDNA) techniques and for which the modification could not otherwise be obtained through conventional breeding or found in nature. AMS states that it is soliciting comments including data, recommendations, and other information on the inclusion of several specific crops and foods that it has determined are likely to meet the criteria to be added to the List. AMS also seeks information on any additional crops or foods that may meet the criteria to be added to the List, any crops or foods that no longer meet the criteria and should be removed from the List, and any trade names, varieties, or modifiers that it should consider for addition to or subtraction from the items currently appearing on the List. After reviewing the recommendations and information submitted in response to the notice, AMS will use that information, as well as input based on consultation with other government agencies responsible for oversight of biotechnology products, to determine whether it should initiate rulemaking to update the List. AMS will not consider any comments not directly related to updates to the List or any recommendations that are not accompanied by supporting information. Responses are due April 29, 2024.